MUHAMMAD USMAN vs State Ss — 2023 SCMR 1097 SUPREME-COURT

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MUHAMMAD USMAN VS State Ss. 324 & 337-F(iii)---attempt to commit qatl-i-amd, ghayr-jaifah-hashimah---Reappraisal of evidence---Sentence, reduction in---Spur of the moment occurrence---Single fire shot on non-vital part of body---Payment of Daman in instalments---as far as the sentence of 05 years awarded to the accused was concerned, the occurrence took place at the spur of the moment without there being any pre-meditation on the part of the accused---Complainant himself stated that his daughter was married with the accused and due to strained relations she was living in her parents house for the last one month---accused came there to convince her and to take her to his house, and the parties took meal there---However, subsequently a quarrel took place between the parties, which resulted in the commission of the crime---Injured complainant only sustained one firearm injury and the accused did not repeat the same---Locale of the injury suggested that the accused had no intention to kill the injured---accused had already suffered most of his sentence---In this view of the matter, while maintaining the conviction of the petitioner under sections 324 & 337-F(v), P.P.C., the sentence of 05 years rigorous imprisonment awarded to him under section 324, P.P.C. was reduced to the period which he had already undergone---Jail petition was converted into appeal and partly allowed with the direction that since the accused claimed to be poor and could not pay the Daman in one go, he may be released subject to his furnishing surety equal to the amount of Daman to the satisfaction of the Trial Court; that the Trial Court shall grant one year's time to the accused for payment of Daman amount, which would be payable in equal installments; that in case of any default in payment of monthly installment, the accused shall be taken into custody and dealt with in accordance with law.

MUHAMMAD USMAN vs State Ss — 2023 SCMR 1097 SUPREME-COURT

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